2004 Audit Executive Summary: Diocese of Fresno

Bishop John T. Steinbock, D.D.
Previous Audit Conducted July 28 through August 1, 2003

The information found herein represents conditions as they were found to exist in the Diocese of Fresno during an abbreviated audit on October 11-12, 2004 and completed on December 31, 2004.

Findings

To Promote Healing and Reconciliation (Articles 1, 2 and 3)

The diocese has a policy on the prevention of sexual abuse of minors by clergy. The diocese provides outreach designed to offer pastoral care to victims/survivors and their families. The bishop or his representative has met with, or offered to meet with all victims/survivors who have reported allegations of abuse since the last compliance audit. The bishop or his delegate has directed outreach to all faith communities in which the sexual abuse occurred. The diocese has a mechanism in place to respond promptly to any allegation where there is reason to believe that sexual abuse of a minor occurred.

The diocese has a Victim Assistance Coordinator, Mr. Pat Gordon, the Director of Human Resources, who has a B.A. in Political Science and extensive experience as a counselor, mediator and investigator. The diocese established a Review Board in October 2002. The Board has six members, including two psychologists, a college professor, a retired insurance agent, the Vicar General and the victim assistance coordinator.

The procedures for making a complaint of abuse are readily available in printed form, and are the subject of periodic public announcements. The diocese entered into one confidentiality agreement during the audit period at the request of the victim/survivor.


To Guarantee Effective Response to Allegations of Abuse of a Minor (Articles 4, 5, 6 and 7)

The diocese received and reported one allegation of sexual abuse of a minor who is still a minor to civil authorities since the last compliance audit. The diocese complies with all applicable civil laws with respect to the reporting of allegations of sexual abuse of minors to civil authorities. The diocese has established effective liaison with civil authorities, ensuring that an open dialogue regarding sexual abuse allegations will occur. The diocese cooperates with civil authorities about reporting in cases when the person is no longer a minor. In all instances, the diocese advises victims/survivors of their right to report allegations of abuse by a member of the clergy to civil authorities.

When an allegation of sexual abuse of a minor by a priest or deacon is received, a preliminary investigation, in harmony with canon law, is initiated. If a preliminary investigation so indicates, the diocese notifies the Congregation for the Doctrine of Faith and applies the precautionary measures mentioned in CIC, canon 1722, or CCEO, canon 1473. When accusations against a priest or a deacon are proven to be unfounded, the diocese takes steps to restore the good name of the priest or deacon.

When sexual abuse of a minor by a priest or a deacon is admitted or established after an appropriate process in accord with canon law, the diocesan policies provide that the offending priest or deacon be permanently removed from ministry. The diocese offers professional assistance to offending priests or deacons.

In every case involving canonical penalties, the processes provided for in canon law are observed. Accused clergy are encouraged to retain the assistance of civil and canonical counsel. When necessary, the diocese supplies canonical counsel to the accused priest or deacon.

If the penalty of dismissal from the clerical state has not been applied, the diocese directs the offender to lead a life of prayer and penance. The diocese does not allow the offender to celebrate Mass publicly, to administer the sacraments, or to present himself publicly as a priest.

The diocese has established clear and well-publicized standards of ministerial behavior for priests and deacons. A communications policy is in effect which reflects the bishop's pledge to be open and transparent on issues regarding the sexual abuse of children. The diocese assists and supports all parish communities directly affected by ministerial misconduct involving minors.


To Protect the Faithful in the Future (Articles 12, 13, 14, 15, 16 and 17)

The diocese has not fully implemented a "safe environment" education program. A Required Action was issued. The diocese has clear and well-publicized standards of conduct for persons in positions of trust with regard to sexual abuse. The diocese has not conducted background evaluations for all diocesan and parish personnel who have regular contact with minors, using appropriate law enforcement resources where permissible. A Required Action was issued. The diocese employs adequate screening and evaluative techniques in deciding the fitness of candidates for ordination.

The diocese has not transferred any priest or deacon who has had a credible allegation of sexual abuse made against him to another ministerial assignment since the last audit. The diocese has not transferred any priest or deacon who has had a credible allegation of sexual abuse made against him to another diocese for residence since the last audit.

The bishop or his designee has coordinated with major superiors of men with a presence in the diocese concerning addressing the issue of allegations of sexual abuse of minors by clergy. The diocese has not had the opportunity to participate in research with other institutions in the area of sexual abuse. The diocese has developed a systematic ongoing formation program in keeping with the Basic Plan for the Ongoing Formation of Priests.


Compliance with the Provisions of the Charter

At the conclusion of this compliance audit, the diocese was found to be compliant with all articles of the Charter for the Protection of Children and Young People with the exception of Articles 12 and 13.

ARTICLE: 12 Safe Environment Program

Required Action: Provide the number of volunteers who have contact with children and young people and the number of those volunteers who have been trained. Provide a schedule as to when the priests and volunteers who have not received the required Safe Environment training will be trained.

ARTICLE: 13 Background Investigations

Required Action: The diocese will provide the number of volunteers who have regular contact with minors and submit a schedule for the completion of the requisite background investigations.


Compliance with the Charter as of December 31, 2004

As of December 31, 2004, the Diocese of Fresno was found to be compliant with all articles of the Charter for the Protection of Children and Young People except for Article 12 and Article 13.

During subsequent discussion with representatives of the Diocese of Fresno, it appears that the Diocese did have information available that would have resulted in a finding of compliance with all articles of the Charter as of December 31, 2004. That information was not clearly identified for the Gavin Group. While the Diocese of Fresno documented it was clearly in compliance as of December 31, 2004, it did not clearly document that fact until after December 31, 2004. The Annual Report on the Implementation of the Charter and the Executive Summary reflect determination of compliance based on information that was clearly communicated at that time.


ADDITIONAL INFORMATION

As of January 12, 2005, the Diocese of Fresno provided the following information to the Office of Child and Youth Protection:

Regarding Article 12’s Required Action

  1. The number of volunteers who have contact with children and young people is 3665.
  2. The number trained is 1488.
  3. The number of active clergy trained is: 135 out of 149.
  4. Training both volunteers and clergy is scheduled to be completed no later that May 1, 2005.
Regarding Article 13’s Required Action
  1. The number of volunteers is 3665.
  2. The number of volunteers who have been background checked is: 3665.

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Office of Child & Youth Protection | 3211 4th Street, N.E., Washington DC 20017-1194 | (202) 541-3000 © USCCB. All rights reserved.





Office of Child & Youth Protection | 3211 4th Street, N.E., Washington DC 20017-1194 | (202) 541-3000 © USCCB. All rights reserved.